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Which of the following is true of Section 71, Indian Evidence Act?
it enables the party to prove the document by other evidence when the attesting witness denies the execution of the document or does not recollect its execution
it a sort of safeguard introduced by the Legislature to the mandatory provisions of Section 68, where it is not possible to prove the execution of the will by calling attesting witnesses though alive
for the applicability of this section it would be incumbent on the party to call the attesting witness in compliance with Section 68
all of them
- Option 1: Section 71 allows a party to prove a document by other evidence if an attesting witness either denies the document's execution or cannot recall it.
- Option 2: This section serves as a safeguard to the strict requirements of Section 68. It's useful when attesting witnesses to a will are alive but unavailable, proving difficult to demonstrate the will’s execution.
- Option 3: To use Section 71, it is necessary that the party initially tries to call the attesting witness as required by Section 68. This ensures compliance with the standard procedure before resorting to other measures.
Correct Answer: Option 4 - all of them
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